Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Supervisor entitled to qualified immunity as to one suspended employees 1st Amendment claim but not the other

Benfield v. Magee, 18-30932, (U.S. 5th Cir. December 17, 2019) This is a First Amendment in employment action where the U.S. 5th Circuit reversed the denial of the individual supervisor’s qualified immunity defense and dismissed the claims as to one employee, but not the other. Warren and Benfield worked in Louisiana as paramedics for the […]

Litigation, Procedure, Sec. 1983

U.S 5th Circuit holds Plaintiffs had a duty of diligence to inquire about the status of their case – emails mistakenly going to a spam folder was not excusable neglect

Trevino v City of Fort Worth, 19-10414 (U.S. 5th Cir. December 10, 2019) This is a custodial death case brought under 42 U.S.C. § 1983.  However, the opinion is one of procedure and excusable neglect in not responding to a motion. City police stopped Alfredo Cortez and his girlfriend Alisha Trevino for an inoperable brake […]

Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, TOMA, Whistleblower

Texas Supreme Court holds no-evidence MSJ proper to challenge jurisdiction; TOMA waiver of immunity does not include declaratory judgment claims

Town of Shady Shores v Swanson, 18-0413 (Tex. Dec. 13, 2019) This is an employment case, but the focus on the opinion is a procedural one.  Importantly, the Texas Supreme Court held 1) a no-evidence motion for summary judgment was proper to raise a jurisdictional challenge and 2) the Texas Open Meetings Act (TOMA) did […]

Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Sovereign Immunity

Austin Court of Appeals holds Austin’s short-term rental regulations unconstitutional (assembly clause also declared fundamental right entitled to strict scrutiny)

  Ahmad Zaatari v City of Austin, 03-17-00812-CV (Tex. App. —  Austin, Nov. 27, 2019). This is a dispute regarding the City of Austin’s regulation on short-term rental properties. The Austin Court of Appeals reversed-in-part and affirmed-in-part the City’s plea to the jurisdiction. [Comment: This is a 43-page opinion and 18-page dissent. So, the summary […]

Elections

Petition Circulators are not “election officials” subject to the fraud provision of the Election Code says Fort Worth Court of Appeals

  Robert S. Johnson v. Jeff Williams, et al., 02-19-00089-CV (Tex. App. – Fort Worth, November 27, 2019) The Fort Worth Court of Appeals affirmed a plea to the jurisdiction in a case where a resident sued to invalidate a charter amendment. Arlington residents initiated a petition drive for an amendment to the city charter […]

Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

No waiver of immunity for city contract to install sewer lines on property says 4th Court of Appeals

Twanda Brown v. City of Ingram, 04-19–00508-CV (Tex. App. —  San Antonio, Nov. 20, 2019).   In this suit, the San Antonio Court of Appeals affirmed the granting of the City’s plea to the jurisdiction related to counterclaims regarding utility services.   The City of Ingram (“the City”) sued Brown and eight other defendants, seeking a declaratory judgment that its ordinances regarding penalties and permits […]

Discrimination, Employment Law, Litigation, Procedure, Retaliation

Former Employee Failed to Brief and ID Records Establishing Causation or Pretext in Employment Case

Orlando Toldson v. Denton Independent School District, 02-18-00394-CV (Tex. App. – Fort Worth, Nov. 21, 2019) This is a sexual harassment/retaliation claim where the Fort Worth Court of Appeals affirmed the employer’s motion for summary judgment. Toldson worked for Denton Independent School District (DISD) as a paraprofessional teacher’s aide off and on from 2009 until […]

Constitutional Challenge, Injunction, Sovereign Immunity, Vested Rigths

Property owner did not allege viable constitutional claim after County granted neighbor development permit

Stephen Sakonchick II v. Travis County, 03-19-00323-CV (Tex. App. – Austin Oct. 30, 2019). This is a constitutional challenge to a construction permit where the Austin Court of Appeals affirmed the granting of the County’s plea to the jurisdiction. Sakonchick owned a home on in a neighborhood known as Bee Creek Hills, in Travis County […]

Sovereign Immunity, TTCA

Even though inmate asserted eye-injury due to laser was accidental, Fort Worth Court of Appeals holds pleadings actually assert battery – no waiver of immunity exists

Tarrant County, Texas v. Tony Lee Green, 02-19-00159-CV (Tex. App. – Fort Worth, Oct. 24, 2019) This is a Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals reversed the denial of the County’s plea to the jurisdiction based on an intentional tort. While Green was a jail inmate, he asserts […]